Bill Text: TX HB2549 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to light pollution mitigation for wind turbine generators.
Spectrum: Moderate Partisan Bill (Republican 56-9)
Status: (Engrossed - Dead) 2023-05-19 - Left pending in committee [HB2549 Detail]
Download: Texas-2023-HB2549-Comm_Sub.html
Bill Title: Relating to light pollution mitigation for wind turbine generators.
Spectrum: Moderate Partisan Bill (Republican 56-9)
Status: (Engrossed - Dead) 2023-05-19 - Left pending in committee [HB2549 Detail]
Download: Texas-2023-HB2549-Comm_Sub.html
88R23720 ANG-D | |||
By: Rogers, Price, Spiller, King of Hemphill, | H.B. No. 2549 | ||
Patterson, et al. | |||
Substitute the following for H.B. No. 2549: | |||
By: Metcalf | C.S.H.B. No. 2549 |
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relating to light pollution mitigation for wind turbine generators. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 35, Utilities Code, is | ||
amended by adding Section 35.0022 to read as follows: | ||
Sec. 35.0022. WIND TURBINE LIGHT POLLUTION MITIGATION. (a) | ||
This section applies only to an electric utility, power generation | ||
company, or exempt wholesale generator that: | ||
(1) is required by the Federal Aviation Administration | ||
to use aviation obstruction lighting; and | ||
(2) sells at wholesale electric energy produced by a | ||
wind turbine generator. | ||
(b) The commission by rule shall require an electric | ||
utility, power generation company, or exempt wholesale generator to | ||
apply to the Federal Aviation Administration, or other applicable | ||
federal entity, for authorization to install and operate technology | ||
to mitigate light pollution from the wind turbine generator using a | ||
light mitigation technology system. | ||
(c) The rules adopted under Subsection (b) must require an | ||
electric utility, power generation company, or exempt wholesale | ||
generator that: | ||
(1) installs a wind turbine generator on or after | ||
December 31, 2024, to: | ||
(A) submit an application for approval of light | ||
mitigation technology to the Federal Aviation Administration not | ||
later than 180 days before the commercial operations date for the | ||
wind turbine generator; | ||
(B) install light mitigation technology on all | ||
wind turbine generators not later than 18 months after receiving | ||
approval of the technology from the Federal Aviation | ||
Administration; and | ||
(C) if installation of the light mitigation | ||
technology is delayed due to forces outside of the control of the | ||
utility, company, or generator, make a quarterly report to the | ||
commission detailing the reasons for the delay; or | ||
(2) installs a wind turbine generator before December | ||
31, 2024, to: | ||
(A) on repowering or not later than the 180th day | ||
after the execution of a newly signed long-term power purchase | ||
agreement, submit an application for approval of light mitigation | ||
technology to the Federal Aviation Administration; | ||
(B) install light mitigation technology on all | ||
wind turbine generators not later than 18 months after receiving | ||
approval of the technology from the Federal Aviation | ||
Administration; and | ||
(C) if installation of the light mitigation | ||
technology is delayed due to forces outside of the control of the | ||
utility, company, or generator, make a quarterly report to the | ||
commission detailing the reasons for the delay. | ||
(d) Subsection (c) applies only to a wind turbine generator | ||
with a commercial operations date that occurs after December 31, | ||
2008. | ||
(e) Notwithstanding Section 15.023(b), the total amount of | ||
an administrative penalty assessed for a violation continuing or | ||
occurring on separate days under this section may not exceed $1 | ||
million. | ||
SECTION 2. This Act takes effect September 1, 2023. |